austlii:cth/FWCA/2025/1022
General information, not legal advice.
FWCA
2025-03-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Spotless Facility Services Pty Ltd Trading As Downer
DOWNER SOUTHBANK EDUCATION PRECINCT (CAMPUS SUPPORT) ENTERPRISE AGREEMENT 2024
Application for approval of the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spotless Facility Services Pty Ltd Trading As Downer (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] Noting clause 6.8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act.
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